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SB2998
THE SENATE
S.B. NO.
2998
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to medical cannabis
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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The legislature finds that the use
of medical cannabis has been legal in the State since 2000.
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In 2015, legislation was passed that
established the medical cannabis dispensary program to ensure access for
qualifying patients.
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According to the
department of health, as of September 2025, there were 29,057 patients in the
State with a valid medical cannabis registration.
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The
legislature further finds that a person can test positive for cannabis long
after impairment has worn off. Research shows that metabolites can be detected
in urine for thirty days or longer after cannabis use and tetrahydrocannabinol
(THC) can be detected several days after use.
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The
legislature also finds that twenty-four of the forty states with medical
cannabis laws have medical cannabis anti‑discrimination employment
protections.
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Although the medical use of
cannabis has become increasingly accepted, qualifying patients in the State
continue to risk losing their jobs and occupational licenses because the State
lacks clear protections against employment and licensing discrimination.
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The
legislature additionally finds that the ongoing conflict between state and
federal medical cannabis laws causes confusion for employers who are unsure
whether state medical cannabis laws supersede their power to enforce drug-free
workplace policies against employees.
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The courts have consistently ruled in favor of employers when qualifying
patients challenge drug-free workplace policies yet have not entirely
foreclosed on the possibility that state medical cannabis laws might operate to
protect qualifying patients against employment discrimination.
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Without explicit statutory guidance, the
courts may not properly balance the needs of qualifying patients for employment
protections and an employer's need to provide a safe workplace.
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Accordingly,
the purpose of this Act is to:
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(1)
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Prohibit an employer from
discriminating against a person in hiring, termination, or any term or
condition of employment based on the person's status as a medical cannabis
registry card holder or lawful use of medical cannabis under certain
conditions;
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(2)
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Authorize an employer to use a
fit-for-duty test for medical cannabis qualifying patients in potentially
dangerous occupations under certain conditions;
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(3)
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Prohibit a professional or vocational
licensing board from revoking the license of medical cannabis qualifying
patients, or otherwise subjecting them to discipline, for their lawful use of
medical cannabis, under certain conditions.
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SECTION
2
.
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Section
329-125.5, Hawaii Revised Statutes, is amended to read as follows:
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"
�329-125.5
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Medical cannabis patient and caregiver protections.
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(a)
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No school shall refuse to enroll or otherwise penalize, and no landlord
shall refuse to lease property to or otherwise penalize, a person solely for
the person's status as a qualifying patient or primary caregiver in the medical
cannabis program under this part, unless failing to do so would cause the
school or landlord to lose a monetary or licensing-related benefit under
federal law or regulation; provided that the qualifying patient or primary
caregiver strictly complied with the requirements of this part; provided
further that the qualifying patient or primary caregiver shall present a
medical cannabis registry card or certificate and photo identification, to
ensure that the qualifying patient or primary caregiver is validly registered
with the department of health pursuant to section 329-123.
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(b)
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For the purposes of medical care, including
organ transplants, a registered qualifying patient's use of cannabis in
compliance with this part shall be considered the equivalent of the use of any
other medication under the direction of a physician and shall not constitute
the use of an illicit substance or otherwise disqualify a registered qualifying
patient from medical care.
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(c)
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Unless a failure to do so would cause the
employer to lose a monetary or licensing-related benefit under a contract or
federal law, an employer shall not discriminate against a person in hiring,
termination, or any term or condition of employment, other than that contained
in a collective bargaining agreement, if the discrimination is based upon
either of the following:
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(1)
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The person's status as a medical
cannabis registry card holder;
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(2)
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A qualifying patient's use of
cannabis in compliance with this part; or
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(3)
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A qualifying patient's drug test
results indicating the presence of cannabis components or metabolites that are
in insufficient concentration to cause impairment;
provided
that nothing in this subsection shall be construed to abridge any existing
right of an employer to require an employee to undergo a medical evaluation
when the employer has reasonable safety-related concerns regarding the
impairment of the employee; provided further that an employer may take adverse
employment action, including disciplinary action, against an employee who uses
or possesses medical cannabis in the workplace or is impaired during working
hours.
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(d)
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For employees in a
potentially dangerous occupation, an employer may use a fit-for-duty test as a
risk-based assessment tool for a qualifying patient
whose drug test results
indicate the presence of cannabis components or metabolites.
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(e)
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No qualifying patient shall be subject to the
revocation of a vocational or professional license or any other disciplinary
action by a vocational or professional licensing board or commission for
engaging in the medical use of cannabis in compliance with this part; provided
that nothing in this section shall be construed to prohibit a vocational or
professional licensing board or commission from taking disciplinary action
against an individual who engaged in the practice of the licensed vocation or
profession while impaired by cannabis.
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[
(c)
]
(f)
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No qualifying patient or
primary caregiver under this part shall be denied custody of, visitation with,
or parenting time with a minor, and there shall be no presumption of neglect or
child endangerment, for conduct allowed under this part; provided that this
subsection shall not apply if the qualifying patient's or primary caregiver's
conduct created a danger to the safety of the minor, as established by a
preponderance of the evidence.
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[
(d)
]
(g)
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This section shall apply to
qualifying patients, primary caregivers, qualifying out-of-state patients, and
caregivers of qualifying out-of-state patients who are validly registered with
the department of health pursuant to this part and the administrative rules of
the department of health."
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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
4.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Medical Cannabis; Qualifying Patients; Discrimination;
Employer; Employee; Licensing Boards; Vocational Licenses; Professional
Licenses; Potentially Dangerous Occupations
Description:
Prohibits
an employer from discriminating against a person in hiring, termination, or any
term or condition of employment based on the person's status as a medical
cannabis registry card holder or lawful use of medical cannabis, under certain
conditions.
�
Authorizes an employer to
use a fit-for-duty test for medical cannabis qualifying patients in potentially
dangerous occupations under certain conditions.
�
Prohibits a professional or vocational licensing board from revoking the
license of medical cannabis qualifying patients, or otherwise subjecting them
to discipline, for their lawful use of medical cannabis, under certain
conditions.
The summary description
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not legislation or evidence of legislative intent.